Avard v. Carpenter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Austin B. Carpenter, as sheriff of Madison county, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 26th day of November, 1901, upon' the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of November, 1901, as amended by a stipulation filed in said clerk’s office on the 7th day of December, 1901, denying the defendant’s motion for…
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Appeal by the defendant, Austin B. Carpenter, as sheriff of Madison county, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 26th day of November, 1901, upon' the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of November, 1901, as amended by a stipulation filed in said clerk’s office on the 7th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
This action is against the sheriff of Madison county to recover damages for the conversion of certain personal property sold by the *259defendant upon execution against one Alfred Avard, the plaintiff’s father. The plaintiff claims title to the property under a bill of sale, claimed to have been given by the said Alfred Avard to the plaintiff prior to the levying of the attachment and the sale by defendant, which constituted the conversion of which the plaintiff complains. The defendant contended upon the trial that the sale to the plaintiff was for the purpose of defrauding the…
2Cases cited3 opinions
- Lent v. . ShearNew York Court of Appeals · 1899
- Flannery v. Van TasselNew York Court of Appeals · 1891
- Levy v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1902